Am I still in my probationary period?

[Lincoln91]

I have been at my current job for 8 months. But I've had no probationary period review meeting. Below is what my contract states for probationary period and notice. I would like to leave this job asap. If I'm still in the probationary period it states I can leave with one weeks notice. Do you also read this as I do?

Probationary period 
Employment is subject to the satisfactory completion of 6 months probationary period. The company reserves the right to extend this period as appropriate. The probationary period will come to an end only when confirmed at a final probationary review meeting. Please note that in some circumstances this meeting may take place after the probationary period. 

For the avoidance of doubt, this does not form part of your terms and conditions of employment. 

During probation, or any extension to probation. The notice period from the company to terminate your employment will be as follows 

Up to 1 weeks service - no notice is required from either employer or employee 

Up to 2 months service - 1 weeks notice required from employee, no notice required from employee 

Over 1 months service - 1 week required from either employer or employee. 

Notice 
Should you wish to terminate your employment with the company, you are required to give the company written notice of not less than 4 weeks. 

Similarly, after the probationary period, should the company wish to terminate your employment, if you have been employed for more than 6 months, you will be given notice of not less than 4 weeks or in accordance with statutory legislation, whichever is greater.

[Sir Bagalot]

You're on 4 weeks notice.

If nothing happens at end of probation you're deemed to have passed

[AlexC1981]

Sir Bagalot said:

You're on 4 weeks notice.

If nothing happens at end of probation you're deemed to have passed

I'm no expert, but I don't think it is that clear cut in this case. Note the 'only' in the bit below.

"The probationary period will come to an end only when confirmed at a final probationary review meeting"

[devnull]

I had a three month probation in my current job - no landmark to confirm i'd passed it. Management said i'd have known about it way before if there was a problem.

In my first corporate job, i specifically had a letter to say i'd passed probation.

[deckster]

If you genuinely want to leave ASAP, then why are you asking us?

A short email to HR along the lines of "I'm leaving, here is your one week's notice as per my contract" will tell you pretty quickly whether they think you are right or not.

[Sir Bagalot]

deckster said:

If you genuinely want to leave ASAP, then why are you asking us?

A short email to HR along the lines of "I'm leaving, here is your one week's notice as per my contract" will tell you pretty quickly whether they think you are right or not.

This.

And see how it goes.

[RammyMP]

I worked for a company about 10 years ago with that clause regarding notice during probation, I wanted to leave but they held me to 4 weeks notice, only 1 week they wanted to get shot of me.

I worked for another company who had had a 6 month probation period, at 8 months I asked my manager if I was out of probation, he replied with, ‘no, it’s not working out, leave in a week’. That was a strange old job! The staff turnover there was unlike anywhere else I’ve worked.

[Jasandjules]

If you have not had a probationary meeting then on the information you cite above it would appear you have not yet passed your probation period per se. That is what I would tell them when you give your notice...

[CaptainSlow]

"Please note that in some circumstances this meeting may take place after the probationary period. "

This is the stopper.

[Sir Bagalot]

RammyMP said:

The staff turnover there was unlike anywhere else I’ve worked.

I worked in one place where there was ~ 350 staff.

I was there about a month when I asked my colleague what the staff turnover rate was. He didn't know but answered "A lot".

So I asked HR. They didn't know neither

So I worked it out. A staggering 50% pa

[anonymous-user]

The probationary period clause is expressed to be non contractual. It is in any event void for uncertainty, as it purports to allow the probation period to continue for an indefinite period until terminated by a meeting.

You are obliged to give four weeks notice to terminate the employment.

IAAL. IANYL.

[anonymous-user]

Note the rubbish drafting:-

"The probationary period will come to an end only when confirmed at a final probationary review meeting. Please note that in some circumstances this meeting may take place after the probationary period."

This is patently absurd and meaningless.

[Kev_Mk3]

With no meeting or confirmation of the probation ending I would say your on this -

"Over 1 months service - 1 week required from either employer or employee"




I was in a similar situation and 2 weeks before I was at the company a year they called me into a meeting to give me 1 weeks notice of my contract termination with nothing more. If I was at the company for a year I believe that it would of been a different story.

[eybic]

I left a job on probationary terms a few years ago based on the fact I wasn't told that I had passed, yes it's a tenuous point but imho, they should care about staff enough to say "well done, you've passed your probation"

[anonymous-user]

Kev_Mk3 said:

With no meeting or confirmation of the probation ending I would say your on this -

"Over 1 months service - 1 week required from either employer or employee"




I was in a similar situation and 2 weeks before I was at the company a year they called me into a meeting to give me 1 weeks notice of my contract termination with nothing more. If I was at the company for a year I believe that it would of been a different story.

So, according to your reading of this expressly non contractual clause, the OP could work at the same place for (say) five years, but so long as he hasn't had his end of probation meeting, he can be fired on one week's notice?* I suggest that you might think that one over again. I add the question: why on your reasoning as to your own case would it have made a difference if you had been at the company for a year?




* I am deliberately ignoring the minimum notice periods prescribed by the Employment Rights Act 1996, in order to focus attention on the (non) contract point.

Edited by anonymous-user on Friday 24th August 17:41

[eybic]

Breadvan72 said:

So, according to your reading of this expressly non contractual clause, the OP could work at the same place for five years, but so long as he hasn't had his end of probation meeting, he can be fired on one week's notice?* I suggest that you might think that one over again.



* I am deliberately ignoring the minimum notice periods prescribed by the Employment Rights Act 1996, in order to focus attention on the (non) contract point.

I was simply saying what I had done in the past, I spoke to ACAS at the time and they said that there wasn't really anything that could be said against what I had said as the contract said something along the lines of the OP's that you were on probation until told otherwise (it was a sales role), I didn't have any notification that I had passed, I was also told that if I hadn't passed, I'd have known about it.

I was trying to make a point that they treat staff like st and should perhaps try being nicer.

[anonymous-user]

Crossed wires: my comment was not directed at you.

Edited by anonymous-user on Friday 24th August 17:44